What to Do After a Car Accident That's Not Your Fault | Otto
Otto Accident Guide · 2026

What to Do After a Car Accident
That Wasn't Your Fault

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So what actually changes when it's not your fault? Someone else's insurance company owes you — which sounds simple and isn't, because that company's job is to pay as little as possible. Below: what to do first, whose insurance to file with, what their adjuster is doing, and the money most people leave on the table.

Otto Research Team
·
September 2026
·
Updated Quarterly
·
General Information — Not Legal Advice
01
The First
48 Hours
Six things worth doing now. Every one of them gets harder to do later.
1
Open a claim with their insurer
You can file directly against the at-fault driver's liability coverage — you don't need your own insurer's permission. Get the claim number and the adjuster's name in writing.
2
Tell your own insurer anyway
Most policies require notice even when you did nothing wrong. Notifying is not the same as filing — it doesn't commit you to using your coverage.
3
Get examined if you felt anything at all
Whiplash and concussions often surface days later. A same-week medical record ties the injury to the crash; one from three weeks out is much harder to connect.
4
Photograph everything before repairs start
Your damage from several angles, the other car and its plate, both cars' positions, the road and signage. Nearby businesses often overwrite camera footage within days — ask now.
5
Get a repair number that isn't theirs
Upload a photo to Otto for a free estimate that doesn't come from the insurer or a shop bidding for the job. Walking in with a number changes the conversation.
6
Don't give their adjuster a recorded statement yet
You're generally not obliged to give the other driver's insurer one. They're taken early precisely because injuries haven't surfaced yet. Basic facts in writing is a reasonable alternative.

Start by knowing the number.

Upload a photo of your damage for a free repair estimate — before you talk to their adjuster.

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02
Whose Insurance
Pays?
The question everyone asks first. You can go either way — the trade is speed against cost.

File against theirs

Third-party claim
  • No deductible
  • No claim on your policy
  • No premium impact
  • Slower — they set the pace
  • They may dispute fault

Use your own, get reimbursed

Collision + subrogation
  • Repairs start faster
  • You pay the deductible up front
  • Your insurer chases theirs
  • Deductible refunded when they recover
  • Claim appears on your history
⚠️ You shouldn't end up paying a deductible on a crash you didn't cause
If you go through your own collision coverage, your insurer pursues the at-fault insurer to recover what it paid — a process called subrogation. When they recover, your deductible comes back, in full or in proportion to the fault assigned. Ask your adjuster where subrogation stands if months pass without hearing anything.

One right nobody tells you about: you choose the shop. In California and most states you can take the car to any licensed repair shop you want. An insurer's "preferred" network is priced and managed for the insurer — a recommendation, not a requirement.

03
What Their Adjuster
Is Actually Doing
None of this is personal. Adjusters handle hundreds of files and are measured on what they pay out. Recognizing the moves is most of the defense.
1
Asking for a recorded statement
Usually within days
It locks in your account before you know the full extent of any injury. You're not required to give one to the other driver's insurer.
2
Offering fast
Speed is the product
An early check comes with a release that closes the claim permanently. Anything you need later becomes your own cost.
3
Splitting fault
Every percent is money
Assigning you even 20% of the blame reduces what they pay by 20%. This is why the evidence you gather in week one matters.
4
Steering you to their shop
Framed as convenience
Network shops are priced and managed for the insurer. It's a recommendation — the choice is legally yours.
5
Going quiet
Delay is free for them
Repeated requests for documents you already sent, then silence. Put every follow-up in writing — it builds a record they can't dispute later.
6
Valuing the car low
If it's a total loss
Their first number is an opening position, not a verdict. See our total loss guide for how that figure gets built.
04
The Money Most People
Leave on the Table
A third-party claim covers more than the bodywork. Whether each applies depends on your state, the policy and the facts — but adjusters rarely volunteer them.
While it's in the shop
Loss of use — a rental
The at-fault insurer will often arrange or reimburse a rental for a reasonable repair window. Confirm the daily cap and day limit in writing before you collect the car.
After it's repaired
Diminished value
A repaired car sells for less than one that was never hit — and that gap is claimable in most states. Almost nobody asks for it. See our diminished value guide.
If anyone was hurt
Medical costs and lost income
A separate claim from the vehicle damage, with its own deadlines. Consultations are free — our guide to whether you need a lawyer covers the signals.
Out of pocket
Towing, storage, rideshares
Storage fees in particular climb fast and get disputed later. Keep every receipt and submit them as one itemized list rather than piecemeal.
⚠️ The number that anchors all of it
Every item above is argued against the documented cost of the damage. If your only figure is the one their adjuster produced, you're negotiating with their number. Get an independent estimate first — our 2026 repair cost guide explains what drives it, and if the other driver turned out to be uninsured, this guide covers what changes.

Don't negotiate with their number.

Upload a photo. Otto returns a free repair cost range in about 30 seconds — independent of any insurer.

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05
Common
Questions
Do I file with my insurance or theirs?
Either works. Filing against the at-fault driver's liability coverage means no deductible and no claim on your own policy, but their insurer controls the pace and may dispute fault. Filing with your own collision coverage usually starts repairs faster, but you pay the deductible up front and wait for your insurer to recover it. Most people notify their own insurer either way, since most policies require it. If someone hit you, our step-by-step guide covers the full sequence.
Do I have to pay a deductible if it wasn't my fault?
Not in the end. Claiming against the at-fault driver's liability coverage involves no deductible at all. If you go through your own collision coverage you pay it up front, and your insurer then pursues the other insurer through subrogation. When they recover, your deductible is refunded — in full, or in proportion to the share of fault assigned.
Should I give their insurance company a recorded statement?
You're generally not required to. They're taken early, before the full extent of any injury is known, and they fix your account on the record. Providing the basic facts in writing is a reasonable alternative. Your own insurer is a different matter — your policy usually requires you to cooperate with them.
Can I choose my own body shop?
Yes. In California and most other states you have the right to use any licensed repair shop. Insurers often steer claimants toward their preferred network, which is priced and managed for the insurer rather than for you. A recommendation is not a requirement, and declining it doesn't affect your claim.
What if they say it was my fault?
Fault becomes an evidence question rather than an obvious one, which is why the first week matters so much — dashcam footage, nearby security cameras and witness contact details all disappear quickly. California applies pure comparative negligence, reducing a recovery by your assigned share of fault rather than barring it. Other states apply stricter rules, and some bar recovery once your share crosses a threshold.
Can I get a rental while my car is repaired?
Usually. Loss of use is a normal part of a third-party property damage claim, and the at-fault insurer will often arrange or reimburse a rental for a reasonable repair period. They may cap the daily rate or the number of days, so get those limits in writing before you pick the car up — disputes about rental overages are common and avoidable.
How long do I have to act?
Each state sets a deadline — in California, generally two years from the date of injury for personal injury and three years for property damage. The practical deadline is much shorter. Camera footage is overwritten within days, memories fade, and a delayed first medical visit weakens the link between an injury and the crash.